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Civil Procedure Keyed to Cound
Ziervogel v. Royal Packing Co
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff Ziervogel sued Defendant Royal Packing Company for personal injuries. Plaintiff alleged that she was injured by a truck driven by Defendant’s employee and suffered injuries to her “neck, back, spine and nervous system.” At trial, Plaintiff’s counsel introduced evidence that Plaintiff suffered from a shoulder injury and elevated blood pressure. A jury returned a verdict for Plaintiff. Defendant moved for a new trial, which was denied. Defendant appealed arguing that Plaintiff did not claim she sustained elevated blood pressure or a shoulder injury due to the accident complained of in the pleadings. Defendant contends that these are special damages and Plaintiff cannot recover unless they are specifically pled.
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- Policy: Identifies the Policy if any that has been established by the case.
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